87494 Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Notices 

DATES: Comments must be received on 

or before January 17, 2024. VA 

anticipates releasing the draft PEA for a 

30-day public review and comment 

period in the first quarter of calendar 

year 2024. VA will notify stakeholders 

via email/mail, publish a notice of 

availability of the draft PEA in the 

Federal Register and solicit comments 

at that time. The draft PEA will be 

available for review via the VA website: 

www.cfm.va.gov/environmental/. 

ADDRESSES: Comments must be 

submitted through www.regulations.gov. 

Except as provided below, comments 

received before the close of the 

comment period will be available at 

www.regulations.gov for public viewing, 

inspection, or copying, including any 

personally identifiable or confidential 

business information that is included in 

a comment. We post the comments 

received before the close of the 

comment period on the following 

website as soon as possible after they 

have been received: http://

www.regulations.gov. VA will not post 

on Regulations.gov public comments 

that make threats to individuals or 

institutions or suggest that the 

commenter will take actions to harm the 

individual. VA encourages individuals 

not to submit duplicative comments. We 

will post acceptable comments from 

multiple unique commenters even if the 

content is identical or nearly identical 

to other comments. Any public 

comment received after the comment 

period’s closing date is considered late 

and will not be considered. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Fernando Fernandez, Environmental 

Engineer, Office of Construction and 

Facilities Management (003C2), 

Department of Veterans Affairs, 

Washington, DC 20420, (202) 876–7608 

(this is not a toll-free number), 

Fernando.Fernandez@va.gov. Reference 

‘‘National Cemetery Expansion PEA’’ in 

your correspondence. 

SUPPLEMENTARY INFORMATION: The VA 

National Cemetery Administration 

provides burial services, including 

gravesites, grave markers, and gravesite 

maintenance for eligible Veterans, 

spouses, and dependents. The National 

Cemetery Administration currently 

operates 155 National Cemeteries in 42 

states and Puerto Rico and 34 soldiers’ 

lots and monument sites across the 

United States. The PEA will evaluate 

VA’s Proposed Action to undertake 

future expansions and/or infrastructure 

and building improvements at all VA 

National Cemeteries with the sole intent 

to maintain and improve the service to 

Veterans and their family and loved 

ones. The PEA aims to provide a 

streamlined NEPA compliance process 

for future National Cemetery expansion 

projects that would result in less than 

significant environmental impacts. 

This notice initiates the scoping 

process for the PEA and invites the 

public, government agencies, and other 

interested persons and organizations to 

provide comments on the scope of 

issues for analysis, input on potential 

alternatives, or information/analyses 

relevant to the proposed action. 

Use of the PEA would decrease the 

time and cost associated with having to 

prepare stand-alone NEPA 

documentation for those future National 

Cemetery projects that would meet the 

conditions of the PEA while ensuring 

that the environment is preserved. VA 

would complete additional NEPA 

compliance as required for projects 

outside the parameters of the PEA. 

The proposed action supports burial 

requests for eligible individuals and 

provides sufficient infrastructure to 

support the needs of Veterans, spouses, 

dependents, and staff at existing 

National Cemeteries. The proposed 

action is needed to provide burial 

benefits and services to Veterans, 

spouses, and dependents. 

The PEA will evaluate the potential 

direct and indirect impacts on the 

human environment from the proposed 

action and alternatives. VA will make 

the draft PEA available for a public 

comment period following its 

completion. 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, approved and signed 

this document on December 11, 2023, 

and authorized the undersigned to sign 

and submit the document to the Office 

of the Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. 

Luvenia Potts, 

Regulation Development Coordinator, Office 

of Regulation Policy & Management, Office 

of General Counsel, Department of Veterans 

Affairs. 

[FR Doc. 2023–27713 Filed 12–15–23; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Funding Opportunity: Legal Services 

for Homeless Veterans and Veterans 

At-Risk for Homelessness Grant 

Program 

AGENCY: Department of Veterans Affairs. 

ACTION: Notice of funding opportunity. 

SUMMARY: The Department of Veterans 

Affairs (VA) is announcing the 

availability of funds for legal services 

grants under the Legal Services for 

Homeless Veterans and Veterans AtRisk for Homelessness (LSV–H) Grant 

Program. This Notice of Funding 

Opportunity (NOFO) contains 

information concerning the LSV–H 

Grant Program, the grant application 

processes, and the amount of funding 

available. Awards made for legal 

services grants will fund operations 

beginning on August 1, 2024, for a 

period of 14 months. 

DATES: Applications for legal services 

grants under the LSV–H Grant Program 

must be received by the Legal Services 

for Veterans (LSV) Program Office by 

4:00 p.m. Eastern Standard Time (EST) 

on February 23, 2024. In the interest of 

fairness to all eligible applicants, as 

described in this NOFO, this deadline is 

firm as to date and hour, and VA will 

treat any application that is received 

after the deadline as ineligible for 

consideration. Applicants should take 

this practice into account and make 

early submissions of their materials to 

avoid any risk of loss of eligibility 

brought about by unanticipated delays, 

computer service outages, or other 

submission-related problems. 

ADDRESSES: For a copy of the 

application package: Copies of the 

application can be downloaded from the 

LSV website at www.va.gov/homeless/ 

lsv.asp. Questions may be referred to the 

LSV Program Office via email at 

LSVGrants@va.gov. For detailed LSV–H 

Grant Program information and 

requirements, see part 79 of title 38, 

Code of Federal Regulations (38 CFR 

part 79). 

Application Submission: Applicants 

must submit applications electronically 

following instructions found at 

www.va.gov/homeless/lsv.asp. 

Applications may not be mailed, hand 

carried, or sent by facsimile. 

Applications must be received by the 

LSV Grant Program Office by 4:00 p.m. 

EST on the application deadline date. 

Applications must arrive as a complete 

package. Materials arriving separately 

will not be included in the application 

package for consideration and may 

result in the application being rejected. 

In the event of certain errors, such as 

duplicate applications or multiple 

applications per Employer Identification 

Number, per VA Veterans Integrated 

Service Network catchment area, VA 

reserves the right to select which 

application to consider based on the 

submission dates and times or based on 

other factors. 


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Technical Assistance: Information 

regarding how to obtain technical 

assistance with preparing a legal service 

grant application is available on the LSV 

Program website at www.va.gov/ 

homeless/lsv.asp. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Madolyn Gingell, National Coordinator, 

Legal Services for Veterans, by email at 

LSVGrants@va.gov. 

SUPPLEMENTARY INFORMATION: 

Funding Opportunity Title: Legal 

Services for Homeless Veterans and 

Veterans At-Risk for Homelessness 

Grant Program. 

Announcement Type: Initial. 

Funding Opportunity Number: VA– 

VJP–LSV–H–1023. 

Assistance Instrument: Grant. 

Assistance Listing: 64.056, Legal 

Services for Veterans Grant. 

Table of Contents 

Funding Opportunity Description 4 

Purpose 4 

Background 4 

Definitions 5 

Approach 5 

Authority 5 

Guidance for the Use of Funds 5 

Award Information 7 

Allocation of Funds 7 

Funding Priorities 9 

Funding Restrictions 9 

Award Period 9 

Eligibility Information 10 

Eligible Applicants 10 

Cost Sharing or Matching 10 

Application and Scoring Information 11 

Content and Form of Application 11 

Review and Selection Process 19 

Application Selection 19 

Tie Score 21 

Funding Actions 21 

Award Administration Information 22 

Award Notice 22 

Administrative and National Policy 23 

Payment 23 

Reporting and Monitoring 24 

Program Evaluation 25 

Funding Opportunity Description 

Purpose 

Ending and preventing homelessness 

among Veterans is a priority for VA. 

VA’s Homeless Programs constitute the 

Nation’s largest integrated network of 

homeless treatment and assistance 

services for Veterans. The LSV–H Grant 

Program’s purpose is to award legal 

services grants to eligible public or nonprofit private entities who will provide 

legal services to eligible Veterans who 

are homeless or at risk for homelessness. 

Background 

This NOFO will provide awards 

designed to address the needs identified 

in 38 CFR part 79.20, including legal 

services related to housing; family law; 

income support; criminal defense; 

protective orders and other matters 

related to domestic or intimate partner 

violence; access to health care; requests 

to upgrade military discharge or 

dismissal of a former member of the 

Armed Forces under 10 U.S.C. 1553; 

consumer law, such as financial 

services, debt collection, garnishments, 

usury, fraud, and financial exploitation; 

employment law; and the top 10 unmet 

legal needs as enumerated on VA’s 

annual Community Homelessness 

Assessment, Local Education and 

Networking Groups (CHALENG) survey 

for the grant award year. CHALENG 

survey results can be found at https:// 

www.va.gov/homeless/chaleng.asp. 

Funds provided through this NOFO 

must not duplicate or replace funds 

provided from any Federal, state, or 

local government agency or program to 

assist homeless Veterans. 

Definitions 

38 CFR part 79.5 contains definitions 

of terms used in the LSV–H Grant 

Program. 

Approach 

The goal of the LSV–H Grant Program 

is to assist Veterans who are homeless 

or at risk for homelessness who have 

unaddressed needs for legal services, 

which may create barriers to housing 

stability. Services provided to Veterans 

under this NOFO are designed to help 

Veterans increase housing stability by 

providing legal services, including 

eviction defense, that will help Veterans 

avoid homelessness or help them return 

to permanent housing in the 

community. 

Authority 

Funding available under this NOFO is 

authorized by 38 U.S.C. 2022A. VA 

implements the LSV–H Grant Program 

through regulations in 38 CFR part 79. 

Funds made available under this NOFO 

are subject to the requirements of these 

regulations. 

Guidance for the Use of Funds 

As noted above, the LSV–H Grant 

Program’s purpose is to provide legal 

services grants to public or non-profit 

private entities that will directly 

provide legal services to eligible 

Veterans who are homeless or at risk for 

homelessness. The LSV–H Grant is not 

a Case Management Grant nor a 

Transitional Housing Grant. The 

applicant’s request for funding must be 

consistent with the limitation and uses 

of legal services grant funds outlined in 

38 CFR part 79 and this NOFO. Per the 

regulations and this NOFO, the 

following requirements apply to legal 

services grants awarded under this 

NOFO: 

Grantees may use a maximum of 10% 

of legal services grant funds for 

administrative costs as identified in 38 

CFR part 79.90. Administrative costs 

consist of all costs, including all direct 

and indirect costs, associated with the 

management of the program. These costs 

may include professional training for 

attorneys to provide legal services for 

Veterans or other activities that are not 

direct services. These costs also include 

the administrative costs of 

subcontractors. 

Grantees must use at least 90% of 

legal services grant funds to provide 

legal services which are consistent with 

38 CFR part 79.90. Grantees are 

expected to provide legal services 

relevant to issues that interfere with the 

participant’s ability to obtain or retain 

permanent housing. (NOTE: Specific 

details of the legal services provided 

may be protected from being released to 

the grantee from a sub-grantee or VA 

under attorney-client privilege; 

however, the grantee must provide 

sufficient information to demonstrate 

the eligibility of the Veteran client as 

well as the frequency and type of legal 

services delivered.) Support for legal 

services can include paying for court 

filing fees to assist a participant with 

issues that interfere with the 

participant’s ability to obtain or retain 

permanent housing or legal services, 

including issues that affect the 

participant’s employability and 

financial security. 

Grantees are expected to use at least 

10% of grant funds to provide legal 

services to women Veterans. 

Award Information 

Allocation of Funds 

Under this NOFO, approximately 

$26.8 million is available for grants to 

provide legal services to homeless 

Veterans or Veterans at risk for 

homelessness. The LSV–H Grant 

Program aims to provide grant funding 

up to a maximum of $300,000 to eligible 

applicants in a 14-month grant cycle. 

The funding amount and number of 

awards will be determined based on the 

number of applications received by VA. 

Funding will only be awarded to 

applicants who demonstrate sufficient 

capacity to provide legal services to 

homeless Veterans or Veterans at risk 

for homelessness. 

Grants governed by this NOFO are 

expected to begin August 1, 2024. 

Future renewal funding is dependent on 

such factors as need, geographical 

dispersion, funding availability, the 

recipient meeting performance goals 


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and statutory and regulatory 

requirements, as well as results of VA 

performance measurement and 

monitoring. 

If VA determines that grantee 

spending is not meeting the minimum 

percentage milestones identified below, 

VA may elect to recoup projected 

unused funds and reallocate funds 

among other grantees who are able to 

fully use the funds to provide legal 

services during the grant period. Should 

VA elect to recoup unspent funds, 

reductions in available grant funds 

would take effect the first business day 

following the end of the quarter. VA 

may elect to recoup funds in the 

following circumstances: 

• The grantee’s requests to VA for 

grant funds are less than 10% of the 

total grant award by the end of the first 

quarter of the grant cycle, no later than 

October 31, 2024. 

• The grantee’s requests to VA for 

grant funds are less than 30% of the 

total grant award by the end of the 

second quarter of the grant cycle, no 

later than January 31, 2025. 

• The grantee’s requests to VA for 

grant funds are less than 55% of the 

total grant award by the end of the third 

quarter of the grant cycle, no later than 

April 30, 2025. 

Reductions will be calculated based 

on the total amount of payment requests 

submitted in the U.S. Department of 

Health and Human Services’ (HHS) 

Payment Management System (PMS) by 

5:00 p.m. EST on the last business day 

of the quarter. Should VA elect to 

recoup unspent funds, reductions in 

available grant funds would take place 

the first business day following the end 

of the quarter. If additional funds 

become available from funds recouped 

under the Award Information section of 

this NOFO, funds that are voluntarily 

returned by grantees, funds that become 

available due to a grant termination, or 

other funds that are still available for 

grant awards, VA may elect to offer 

these funds to other grantees. 

Additional funds may be provided to 

grantees who are in compliance with 

their grant agreement and have the 

capacity to use the additional funds, 

with priority given in descending order 

based on grantees’ original application’s 

ranking/score. 

Funding Priorities 

* Priority 1: VA will place in the first 

funding priority those applications from 

organizations that have demonstrated 

the ability to directly provide three or 

more allowable legal services covered 

under the LSV–H Grant Program (38 

CFR part 79.20) to eligible Veterans. 

* Priority 2: VA will place in the 

second funding priority those 

applications from organizations that are 

equitably distributed across geographic 

regions including (i) areas not being 

served by existing LSV–H awards, (ii) 

rural communities, (iii) tribal lands, and 

(iv) areas with a high number or 

percentage of Native Veterans. 

* Priority 3: VA will place in the third 

funding priority those applications from 

organizations with a demonstrated focus 

on providing legal services to women 

Veterans. 

Applications will be ranked in score 

order within the funding priority. 

Funding Restrictions 

Applicants may not receive funding to 

replace funds provided by any other 

Federal, state, or local government 

agency or program to assist homeless 

Veterans. VA will not fund projects or 

activities deemed outside the scope of 

those enumerated in 38 CFR part 79.20 

and this NOFO. 

Award Period 

Grants awarded will be for a 14- 

month period starting August 1, 2024. 

Eligibility Information 

Eligible Applicants 

For purposes of this NOFO, an 

eligible applicant is a public or nonprofit private entity as defined in 38 

CFR part 79.10. Applicants must have 

the necessary technical and 

administrative abilities and resources to 

execute the program successfully. 

Applicants must provide sufficient 

eligibility information to allow VA to 

evaluate their application for scoring 

purposes. Only eligible entities can 

apply in response to this NOFO. 

Applicants with 501(c)(3) Internal 

Revenue status must provide a copy of 

their status determination letter 

received from the Internal Revenue 

Service. Award recipients must 

maintain their status as a 501(c)(3) or 

501(c)(19) non-profit, state or local 

government, or recognized Indian tribal 

government as defined by General 

Services Administration regulations, 41 

CFR part 105–71.102, for the entire 

award cycle. Faith-based organizations 

may apply for the LSV–H Grant 

Program. Faith-based organizations are 

eligible, on the same basis as any other 

organization, to participate in the LSV– 

H Grant Program as described in 38 CFR 

part 79.80. 

Applicants are required to register in 

the System for Award Management 

(SAM) located at https://sam.gov before 

submitting a Federal award application. 

Federal award recipients must continue 

to maintain an active SAM.gov 

registration with current information 

through the life of their Federal award. 

As described in 38 CFR part 79.10, 

this program prohibits issuing awards to 

entities that do not meet criteria for an 

eligible entity. 

Cost Sharing or Matching 

Cost-sharing or matching is not 

required for this funding opportunity. 

Application and Scoring Information 

Content and Form of Application 

Applicants must submit applications 

electronically following instructions 

found at www.va.gov/homeless/lsv.asp. 

Applicants must include all required 

documents in their application 

submission. Submission of an incorrect, 

incomplete, inconsistent, unclear, or 

incorrectly formatted application 

package may result in the application 

being rejected. 

The application is organized into the 

following sections: 

Section I: Administrative Information 

A. Application Information 

a. Organization’s Legal Name; 

b. Other Names under Which 

Organization Does Business; 

c. Organization’s Address; 

d. Contact Person Name and Title; 

e. Telephone number for Contact 

Person; 

f. Email for Contact Person; 

g. Unique Entity Identifier (UEI); 

h. Employer Identification Number; 

and 

i. SAM expiration date. 

Note: Applicants are required to be 

registered in SAM before submitting an 

application and must maintain an active 

SAM registration with current information at 

all times during which they have an active 

Federal award or an application under 

consideration by a Federal awarding agency. 

B. Legal Services Proposed 

a. Amount of Legal Services Grant 

Funds Requested; 

b. Types of Legal Services that will be 

provided; and 

c. Projected Number of Eligible 

Veterans to be Served. 

C. Geographic Region Served 

a. State(s) to be served; 

b. Counties to be served; 

c. Veterans Integrated Service 

Network(s) to be served; and 

d. Specific types of geographic regions 

to be served. 

Section II: Background, Qualifications, 

Experience and Past Performance of 

Applicant, and any Identified 

Subcontractor (30 Maximum Points) 

VA will award points based on the 

background, qualifications, experience 


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and past performance of the applicant, 

and any subcontractors identified by the 

applicant in the legal services grant 

application, as demonstrated by the 

following: 

(1) Background and Organizational 

History. 

(i) Applicant’s and any identified 

subcontractors’ background and 

organizational history are relevant to 

providing legal services. 

(ii) Applicant and any identified 

subcontractors maintain organizational 

structures with clear lines of reporting 

and defined responsibilities. 

(iii) Applicant and any identified 

subcontractors have a history of 

complying with agreements and not 

defaulting on financial obligations. 

(2) Staff qualifications. 

(i) Applicant’s staff, and any 

identified subcontractors’ staff, have 

experience working with Veterans or 

individuals who are homeless, at risk 

for homelessness or who have very low 

income, as defined under 38 CFR part 

79. 

(ii) Applicant’s staff, and any 

identified subcontractors’ staff, have 

experience administering programs 

similar to the Grant Program under 38 

CFR part 79. 

(3) Organizational qualifications and 

past performance. 

(i) Applicant, and any identified 

subcontractors, have organizational 

experience providing legal services to 

Veterans or individuals who are 

homeless, at risk for homelessness, or 

who have very low income as defined 

under 38 CFR part 79. 

(ii) Applicant and any identified 

subcontractors have or plan to hire staff, 

who are qualified to administer legal 

services, and as applicable, are in good 

standing as a member of the applicable 

State bar. 

(4) Experience working with Veterans, 

including Women Veterans. 

(i) Applicant’s staff, and any 

identified subcontractors’ staff, have 

experience working with Veterans, 

including women Veterans. 

(ii) Applicant and any identified 

subcontractors have organizational 

experience providing legal services to 

Veterans, including women Veterans. 

Section III: Program Concept and Legal 

Services Plan (Maximum 30 Points) 

VA will award points based on the 

applicant’s program concept and legal 

services plan, as demonstrated by the 

following: 

(1) Need for program. 

(i) Applicant has shown a need among 

eligible Veterans in the area or 

community where the program will be 

based. 

(ii) Applicant understands the legal 

services needs unique to eligible 

Veterans in the area or community 

where the program will be based. 

(2) Outreach and screening plan. 

(i) Applicant has a feasible outreach 

and referral plan to identify and assist 

eligible Veterans in need of legal 

services. This plan should include a 

description of how the applicant will 

ensure that services are provided to 

eligible Veterans, including women 

Veterans, and how the applicant will 

use at least 10% of the grant funds to 

serve eligible women Veterans. 

(ii) Applicant has a plan to process 

and receive referrals from eligible 

Veterans. 

(iii) Applicant has a plan to assess 

and accommodate the needs of 

incoming eligible Veterans. 

(3) Program concept and design. 

(i) Applicant’s program concept, size, 

scope, and staffing plan are feasible. 

(ii) Applicant’s program is designed to 

meet the legal needs of eligible Veterans 

in the area or community where the 

program will be based. 

(iii) Applicant’s program design 

detailing the specific types of legal 

services provided. 

(4) Program implementation timeline. 

(i) Applicant’s program will be 

implemented in a timely manner, and 

legal services will be delivered to 

eligible Veterans as quickly as possible 

and within a specified timeline. 

(ii) Applicant has a hiring plan in 

place to meet the applicant’s program 

timeline or has existing staff to meet 

such timeline. 

(5) Collaboration and communication 

with VA. Applicant has a plan to 

coordinate outreach and services with 

local VA facilities. 

(6) Ability to meet VA’s requirements, 

goals, and objectives for the grant 

program. Applicant is committed to 

ensuring that its program meets VA’s 

requirements, goals, and objectives for 

the grant program as identified in 38 

CFR part 79 and the Purpose Section of 

the NOFO (https://www.federal

register.gov/documents/2022/06/01/ 

2022-10930/legal-services-for-homelessveterans-and-veterans-at-risk-forhomelessness-grant-program#sectnoreference-79.40). 

(7) Capacity to undertake program. 

Applicant has sufficient capacity, 

including staff resources, to undertake 

the program. 

Section IV: Quality Assurance and 

Evaluation Plan (Maximum 15 Points) 

VA will award points based on the 

applicant’s quality assurance and 

evaluation plan, as demonstrated by the 

following: 

(1) Program evaluation. 

(i) Applicant has created clear, 

realistic, and measurable metrics that 

align with the grant program’s aim of 

addressing the legal needs of eligible 

Veterans for which the applicant’s 

program performance can be continually 

evaluated. 

(2) Monitoring. 

(i) Applicant has adequate controls in 

place to regularly monitor the program, 

including any subcontractors, for 

compliance with all applicable laws, 

regulations, and guidelines. 

(ii) Applicant has adequate financial 

and operational controls in place to 

ensure the proper use of legal services 

grant funds. 

(iii) Applicant has a plan for ensuring 

that the applicant’s staff and any 

subcontractors are appropriately trained 

and comply with the requirements of 38 

CFR part 79. 

(3) Remediation. Applicant has a plan 

or establishes a system to remediate 

non-compliant aspects of the program if 

and when they are identified. 

(4) Management and reporting. 

Applicant’s program management team 

has the capability and a system in place 

to provide to VA timely and accurate 

reports, no less than quarterly. 

Section V: Financial Capability and Plan 

(Maximum 15 Points) 

VA will award points based on the 

applicant’s financial capability and 

plan, as demonstrated by the following: 

(1) Organizational finances. 

Applicant and any identified 

subcontractors are financially stable. 

(2) Financial feasibility of program. 

(i) Applicant has a realistic plan for 

obtaining all funding required to operate 

the program for the period of the legal 

services grant. 

(ii) Applicant’s program is costeffective and can be effectively 

implemented on budget. 

Section VI: Area Linkages and Relations 

(Maximum 10 Points) 

VA will award points based on the 

applicant’s area or community linkages 

and relations, as demonstrated by the 

following: 

(1) Area or community linkages. 

Applicant has a plan for developing or 

has existing linkages with Federal 

(including VA), state, local, and tribal 

governments, agencies, and private 

entities for the purposes of providing 

additional legal services to eligible 

Veterans. 

(2) Past working relationships. 

Applicant (or applicant’s staff) and any 

identified subcontractors (or 

subcontractors’ staff) have fostered 

successful working relationships and 


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linkages with public and private 

organizations providing legal and nonlegal supportive services to Veterans in 

need of services similar to those covered 

under the Grant Program. 

(3) Local presence and knowledge. 

(i) Applicant has a presence in the 

area or community to be served by the 

applicant. 

(ii) Applicant understands the 

dynamics of the area or community to 

be served by the applicant. 

(4) Integration of linkages and 

program concept. Applicant’s linkages 

to the area or community to be served 

by the applicant enhance the 

effectiveness of the applicant’s program. 

Section VII: Applicant Certifications 

and Assurances 

Applicants must sign and submit the 

grant application agreeing to the 

following: 

(1) Project Budget Template. 

Applicants must attach an itemized 

detailed budget using the approved SF 

424A form and corresponding to the 

narrative provided in the financial 

capability and plan. The categories and 

costs included in the detailed budget 

must indicate the plan and demonstrate 

compliance with cost principles. See the 

Attachments section at the end of the 

application. Successful applicants must 

follow all applicable budget 

requirements, including the Federal cost 

principles in subpart E of 2 CFR part 

200, LSV regulations at 38 CFR part 79, 

and budget requirements of this NOFO. 

(2) Additional Eligibility 

Documentation. Applicants will provide 

other required or optional materials as 

attachments, including the following: 

(i) Budget Template (required); 

(ii) Letters of coordination (optional); 

and 

(iii) Resumes or position descriptions 

of key staff (required). 

Section VIII: Criteria for Threshold 

Review 

Submission of an incorrect, 

incomplete, inconsistent, unclear, or 

incorrectly formatted application 

package may result in the application 

being rejected and not considered for 

award. Only applications that meet 

threshold requirements in 38 CFR part 

79.30 will be scored consistent with 

criteria in 38 CFR part 79.35. 

Review and Selection Process 

Applications will be ranked in score 

order by funding priority as described in 

this NOFO Award Information, Funding 

Priorities, and 38 CFR part 79.40. VA 

will rank those applicants who score at 

least 60 cumulative points and receive 

at least one point under each of the 

following categories: (a) Background, 

Qualifications, Experience, and Past 

Performance of Applicant and Any 

Identified Subcontractor; (b) Program 

Concept and Legal Services Plan; (c) 

Quality Assurance and Evaluation Plan; 

(d) Financial Capability and Plan; and 

(e) Area Linkages and Relations The 

applicants will be ranked in order from 

highest to lowest. 

Application Selection 

VA will only score applications that 

meet the following threshold 

requirements in 38 CFR part 79.30: the 

application is filed within the time 

period established in the NOFO, and 

any additional information or 

documentation requested by VA under 

38 CFR part 79.25(c) is provided within 

the timeframe established by VA; the 

application is completed in all parts; the 

activities for which the legal services 

grant is requested are eligible for 

funding under 38 CFR part 79; the 

applicant’s proposed participants are 

eligible to receive legal services under 

38 CFR part 79; the applicant agrees to 

comply with the requirements of 38 CFR 

part 79; the applicant does not have an 

outstanding obligation to the Federal 

Government that is in arrears and does 

not have an overdue or unsatisfactory 

response to an audit; and the applicant 

is not in default by failing to meet the 

requirements for any previous Federal 

assistance. 

Applications that meet threshold will 

be scored. Applications will be assigned 

to the highest priority group for which 

they are eligible. Applications will be 

ranked in score order by funding 

priority as described in this NOFO 

Award Information, Funding Priorities, 

and 38 CFR part 79.40. Applications in 

priority 1 that receive the minimum 

score to be eligible for selection will be 

considered in score order before 

applications in priority 2 are 

considered, etc. 

VA will use an application’s rank as 

the primary basis for selection for 

funding; however, VA will also use the 

considerations listed in 38 CFR part 

79.40(d) to select applicants for funding. 

For example, pursuant to 38 CFR part 

79.40(d)(1), reviewers will give 

preference to applications that 

demonstrate an ability to directly 

provide legal services to eligible 

individuals. 

Review and selection process may be 

found at 38 CFR part 79.40. In case of 

a discrepancy between information 

provided by the applicant and other 

information available to VA, VA 

reserves the right to make funding 

decisions based on all available 

information or to not select an 

application. Additional selections may 

be considered, at VA’s discretion, until 

available funding is exhausted. 

Depending on factors such as the 

quantity and quality of applications 

received and the availability of funding, 

VA reserves the right to make additional 

rounds of conditional selections from 

this NOFO to the eligible pool of 

applicants, or to take other actions as 

appropriate. VA reserves the right to 

negotiate with applicants, as needed, to 

accomplish the overall goals and 

objective. 

Consistent with 2 CFR part 

200.206(b), VA evaluates risk posed by 

applicants at any time pre-award or 

post-award. Special conditions, 

adjustments, or remedies corresponding 

to the degree of risk may be applied to 

an award (2 CFR parts 200.206, 200.208, 

200.339). Risk evaluations may include 

but are not limited to an evaluation of 

the applicant’s eligibility, the quality of 

its application, the needs of the 

community, the organization’s financial 

stability, management systems and 

standards, the history of performance, 

the status of Single Audit reports, an 

ability to effectively implement 

requirements, the status of any VA or 

other Federal debt, and the findings of 

any VA fiscal reviews. 

Tie Score 

In the event of a tie score between 

applications, VA will determine at its 

discretion how to handle selection 

decisions (for example, selecting 

multiple applications for award or 

awarding for less than requested). VA 

will consider the intent of this NOFO to 

fund legal services to assist vulnerable 

Veterans in retaining their permanent 

housing. VA’s discretionary funding 

decisions are final. 

Funding Actions 

VA will provide funding to all eligible 

applicants in the Priority Group score 

order described in this NOFO until 

funding is exhausted. Funding is not 

guaranteed. Before awarding a grant 

agreement, VA reserves the right to 

make adjustments (e.g., to funding 

levels) as needed within the intent of 

this NOFO based on a variety of factors, 

including the quantity and quality of 

applications, geographic dispersion, as 

well as the availability of funding. 

VA will consider any information that 

comes to its attention, including 

information in the designated integrity 

and performance system, in making a 

judgment about the applicant’s integrity, 

business ethics, and performance under 

Federal awards. VA may not make a 

Federal award to an applicant if the 

applicant has not complied with all 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Notices 87499 

applicable UEI and SAM.gov 

requirements. Applicants may refer to 2 

CFR part 25 and SAM.gov for more 

information. 

If an applicant has not fully complied 

by the time the Federal awarding agency 

is ready to make a Federal award, the 

Federal awarding agency may determine 

that the applicant is not qualified to 

receive a Federal award and use that 

determination as a basis for making a 

Federal award to another applicant. VA 

may elect to award additional 

applications based on the availability of 

funds and quality of applications. Upon 

signature of the grant agreement by the 

Secretary, or designated representative, 

final selection will be completed, and 

the grant funds will be obligated for the 

funding period. 

Award Administration Information 

Award Notices 

Although subject to change, the LSV 

Grant Program expects to announce 

grant awards on or around July 1, 2024. 

VA reserves the right to make 

adjustments (e.g., to funding levels), as 

needed, within the intent of the NOFO 

based on a variety of factors, including 

the availability of funding. The initial 

announcement will be made through a 

news release posted on the VA’s LSV 

website at www.va.gov./homeless/ 

lsv.asp. 

The LSV Grant Program will notify 

successful and unsuccessful applicants. 

Only a grant agreement with a VA 

signature is evidence of an award and is 

an authorizing document allowing costs 

to be incurred against a grant award. 

Other notices, letters, or announcements 

are not authorizing documents. The 

grant agreement includes the terms and 

conditions of the award and must be 

signed by the entity and VA to be legally 

binding. 

Administrative and National Policy 

Requirements 

VA places great emphasis on 

responsibility and accountability. VA 

has procedures in place to monitor 

grants provided under the LSV Grant 

Program. All applicants selected in 

response to this NOFO must agree to 

meet applicable inspection standards 

outlined in the grant agreement. 

Grantees are responsible for 

complying with all requirements of the 

Federal award. Federal awards must 

also comply with the provisions of the 

Federal Funding Accountability and 

Transparency Act, which includes 

requirements on executive 

compensation, and other requirements 

found at 2 CFR parts 25 and 170. 

Grantees and their employees also are 

subject to the whistleblower rights and 

remedies established in 41 U.S.C. 4712. 

Payment of Grant Funds 

Grantees will receive payments 

electronically through the HHS PMS. 

Grantees will have the ability to request 

payments as frequently as they choose 

subject to the following limitations: 

1. During the first quarter of the 

grantee’s legal services annualized grant 

award period, the grantee’s cumulative 

requests for legal services grant funds 

may not exceed 35% of the total legal 

services grant award without written 

approval by VA. 

2. By the end of the second quarter of 

the grantee’s legal services annualized 

grant award period, the grantee’s 

cumulative requests for legal services 

grant funds may not exceed 60% of the 

total legal services grant award without 

written approval by VA. 

3. By the end of the third quarter of 

the grantee’s legal services annualized 

grant award period, the grantee’s 

cumulative requests for legal services 

grant funds may not exceed 80% of the 

total legal services grant award without 

written approval by VA. 

4. By the end of the fourth quarter of 

the grantee’s annualized legal services 

grant award period, the grantee’s 

cumulative requests for legal services 

grant funds may not exceed 100% of the 

total legal services grant award. 

Reporting and Monitoring 

VA places great emphasis on the 

responsibility and accountability of 

grantees. As described in 38 CFR part 

79.95, VA has procedures to monitor 

legal services provided to participants 

and outcomes associated with the legal 

services provided under the LSV Grant 

Program. Applicants should be aware of 

the following: 

1. Grantees will be required to track 

data that will consist of information on 

the participants served and the types of 

legal services provided by grantees and 

subsequent outcomes. Information 

regarding legal services provided may 

be protected from being released to VA 

under attorney-client privilege; 

however, the grantee must provide 

sufficient information to demonstrate 

the frequency and type of services 

delivered to meet performance 

measurement outcomes, as defined in 2 

CFR part 200.301. 

2. VA will complete annual 

monitoring evaluations of each grantee. 

Monitoring also will include the 

submission of quarterly and yearly 

financial and performance reports by 

the grantee in accordance with 2 CFR 

part 200. The grantee will be expected 

to demonstrate adherence to the 

grantee’s proposed program concept, as 

described in the grantee’s application. 

All grantees are also subject to audits 

conducted by VA or its representative. 

3. Grantees will be assessed based on 

their ability to meet critical reporting 

requirements that are defined by the 

regulations. 

Program Evaluation 

The purpose of program evaluation is 

to evaluate the program’s success. 

1. Grantees will participate in VA’s 

national project monitoring and 

evaluation to determine successful 

outcomes. Each grantee’s performance 

will be measured against established 

performance targets. 

2. Grantees who do not meet the 

performance measures or who otherwise 

perform or appear to perform less than 

satisfactorily may be subject to 

additional conditions of award. 

Additional conditions may include, but 

are not limited to, increased reporting or 

monitoring, reductions, withholding, 

suspension, termination, or other 

remedies for non-compliance at VA’s 

discretion. 

3. VA reserves the right to add, 

remove, or change at any time prior to 

or during the award period the 

performance measures, targets, services, 

caseload requirements, grant payment 

amounts, payment schedule, or other 

grant requirements. 

4. VA’s overall performance for all 

grants funded from this NOFO will be 

measured against the same criteria and 

targets used for each grant. 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, approved and signed 

this document on December 12, 2023, 

and authorized the undersigned to sign 

and submit the document to the Office 

of the Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. 

Jeffrey M. Martin, 

Assistant Director, Office of Regulation Policy 

& Management, Office of General Counsel, 

Department of Veterans Affairs. 

[FR Doc. 2023–27691 Filed 12–15–23; 8:45 am] 

BILLING CODE 8320–01–P 


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